Role of Australian Government

Referral to the Australian Government

If a project has the potential to have a significant impact on a 'matter of national environmental significance' (MNES), the project proponent must refer it to the Commonwealth Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). MNES are currently:

World Heritage properties

National Heritage places

wetlands of international importance (e.g. Ramsar sites)

listed threatened species and ecological communities

listed migratory species

Commonwealth marine environments

Great Barrier Reef Marine Park

nuclear actions, including uranium mining

water resources, in relation to coal seam gas and large coal mining development.

If the Minister determines that a project may have an impact on MNES, it is deemed to be a

A proposed action that is likely to have a significant impact on: a matter of national environmental significance; the environment of Commonwealth land (even if taken outside Commonwealth land); or the environment anywhere in the world (if the action is undertaken by the Commonwealth).

'controlled action'. If a project is deemed not to be a controlled action, it does not require assessment under the EPBC Act.

Assessment options

If an environmental impact assessment of a controlled action is required, the assessment may be conducted under the Queensland environmental assessment bilateral agreement with the Australian Government. This eliminates unnecessary duplication.

The most recent assessment bilateral agreement was signed between the Queensland and Australian governments on 18 December 2014.

If the bilateral agreement is not applied to a project, the Queensland process may be accredited especially for a particular project; or the Australian and Queensland governments conduct separate assessment processes. Such separate processes are generally conducted in parallel.

Not all controlled actions are assessed through a full environmental impact statement (EIS). For example, assessment under the EPBC Act may be by submission of 'preliminary documentation' by the proponent. The alternative impact assessment report (IAR) process under the SDPWO Act falls within the scope of assessment options defined in the EPBC Act and is incorporated within the assessment bilateral agreement.

Regardless of the assessment process, the Australian Environment Minister retains the approval powers and has the final say on whether or not a 'controlled action' can be undertaken.

Referral of coal and coal seam gas projects to a scientific committee

Under the Council of Australian Governments (COAG) National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development (NPA), projects of sufficient scale in this sector that may have a significant impact on water resources must be referred to an Independent Expert Scientific Committee (IESC).

The NPA was given force by amendments to the EPBC Act that came into effect in October 2012.